This book analyses how the European Union translates its principles of peace and justice into policy and puts them into practice, particularly in societies in or emerging from violent conflict.

The European Union treaty states that in its relations with the wider world, the EU is to promote peace, security, the protection of human rights, and the strict observance and the development of international law. The EU is active in peace processes around the world, yet its role in international peace mediation is largely ignored.

This briefing paper for the Oslo Forum Africa Mediators Retreat 2013 aims to stimulate discussion within the mediation community about the role of the International Criminal Court (ICC) in peace processes. In a brief overview of the peace-versus-justice debate to date, it lays out the main arguments for and against the Court. The paper then argues that the ICC has become a ‘straw man’ in the peace and justice debate, being misrepresented sometimes. It is one actor among many in the complex fields of justice and peacemaking – equating the ICC with justice oversimplifies the complexity of justice in (post-) conflict situations. The paper closes with suggestions for greater synergies between peace and justice, including the Court. There are many options on the spectrum between ICC indictments and amnesty that are yet to be explored, and which could advance a pro-justice and pro-peace agenda.

EU foreign policy chiefs were unusually quick off the mark to comment on the fall of Sirte and reported death of Colonel Gaddafi today. Presidents Van Rompuy and Barrosso called on the National Transitional Council (NTC) to ‘pursue a broad-based reconciliation process which reaches out to all Libyans and enables a democratic, peaceful and transparent transition in the country.’ High Representative Ashton said ‘It is important that [Libya’s] leadership unite to build a democratic future for the country in full respect of human rights. While the crimes of the past must be addressed, the leadership must also seek a path of national reconciliation… The EU will remain a strong and committed partner in the future’.

The emphasis on human rights and transitional justice in Ashton’s statement is important (interestingly, this is lacking from van Rompuy’s and Barrosso’s); the EU has also repeatedly stated its commitment to supporting human rights, civil society and security sector reform in Libya. Experts argue that transitional justice is more effective when trials, truth commissions and security sector reform are complementary. Yet – as I have argued elsewhere , the EU’s extensive support to transitional justice in other parts of the world has been largely ad hoc: the EU has no policy guidance on supporting transitional justice. A key question will be how will the new government addresses not only the legacy of the Gaddafi regime, but also atrocities allegedly committed by both sides during the recent conflict. What will the EU do to support this?